Canadian Financial Services v Finkle: Joint Tenancy Rent Arrears Case
Hamilton landlord seeks eviction for joint tenants' $6970 rent arrears, tenant's medical condition considered
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 699 1/2 Barton St E, Hamilton, ON L8L3A5
Decision in favor of
landlord
Balance Owed to Landlord
$4,857
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Apr 2024
Order Date
May 1, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice).
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession of rental unit
- Lawful rent is $1,500.00 due on 1st of each month
- Tenants jointly liable for full rent
Case Study
Tenants are joint and severally liable for the full monthly rent as all are listed on the lease and reside in the rental unit.
Arguments and Actions
Landlord
Arguments
Tenants are joint and severally liable for full rent
Tenant
Arguments
Tenant argued he should only be liable for 1/3 of rent arrears
Actions
Dean Regelous indicated limited income and disability from car accident, currently on surgery wait list and physically unable to move.
Decision Summary
Tenancy terminated unless Tenants void the order by paying $8,656.00 by May 31, 2024. If not paid, Tenants must vacate the unit and owe $4,856.76 plus daily compensation of $49.32.
Reason for Eviction Relief
Tenant's medical condition and disability
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$6,970
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$39
Total Owing
$4,857 (Owed to Landlord)
Source
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